Disclosure: This content is supported by readers, which means that if you click some of our links, we may receive commissions.
If you think of a good phrase or slogan for your business, you should consider using a trademark to protect the slogan.
Phrases allow people to easily identify your business and its products or services. As long as you follow the correct steps, obtaining a trademark for your phrase will not be so difficult.
Why it is worthwhile to trademark a phrase
Unique phrases and slogans can greatly improve your brand strategy. Imagine “just do it,” “Where is the beef?,” or”Melt in your mouth, not in your hands”—You immediately associate these slogans with companies (Nike, Wendy and M&Ms). This is the power of trademark phrases or slogans.
These companies turn simple phrases into unforgettable brand associations. Nike can write “just do it” on billboards or commercials without any logo or brand, and everyone will recognize this ad. For any company, this is a dream scene.
When you think of something very smart or attractive to promote your business, people will remember it. In many cases, the trademark can even reflect the company’s publicity or unique selling point. Take a look at the timeless slogan of the Wheaties trademark: “Breakfast for Champions”.
Registering a trademark for a phrase is also worthwhile because you can prevent other companies from claiming the right to use it. But without a trademark, anyone else can use your phrases and benefit from your creativity.
If you want to create an iconic brand like the example mentioned above, everything starts with the trademark.
The investment required to register a trademark for the phrase
Registering a phrase as a trademark is not an overnight process. It takes some time and money to realize legal protection related to valid trademarks.
First, you need to come up with the phrase and verify that it qualifies as a trademark. This may be fast for some of you, but if you find that the phrase cannot be trademarked or others are already using it, it may take longer for others. Although brainstorming new ideas is free, it can take weeks to come up with something worthy of trademark registration.
Once you are ready to continue and submit your application, the process may take 6 to 18 months. If you submit an application directly to the USPTO (United States Patent and Trademark Office), the initial filing fee is $250 or $350, depending on the application basis you choose.
The U.S. Patent and Trademark Office charges additional fees for using the trademark after five years and for renewing the trademark every ten years. These fees range from US$200 to US$500, depending on the time of your submission and your trademark category.
To simplify things, you can use online legal services, such as Legal zoom Register a trademark for your phrase. LegalZoom offers two trademark service packages, priced at US$249 and US$599, plus a federal filing fee. The $599 plan comes with attorney consultation to help ensure that the process goes smoothly and the application is approved as quickly as possible.
6 steps to trademark a phrase
This is a simple step-by-step guide to trademarking phrases. This is the fastest and easiest way to register your phrase, slogan or slogan as a trademark.
Step 1-Come up with an original and unique phrase
The first thing you need to do is to come up with the phrase you want to trademark. Some of you may already have an idea, but you can’t skip this step yet.
That’s because not every phrase can be registered as a trademark, and not everyone can register a phrase. You need to verify that the slogan, slogan or phrase to be registered complies with all federal trademark rules.
Here are some factors you need to consider when performing this step:
- Only a phrase used for commercial purposes can be registered as a trademark, which means that the phrase is related to the sale of goods or services. A person cannot register a trademark for a phrase just because they like it-the phrase must be associated with the business.
- Trademark phrases are only protected and cannot be used by others in the same business category.
- The phrase must identify the commercial organization as the source of the trademarked goods or services.
- If the same phrase has been registered or there is a pending application, you cannot apply for a trademark for that phrase.
- The phrase should not be too similar or easily confused with the phrase in the existing trademark or pending application.
- You cannot register a trademark for general or simple descriptive phrases. The trademark term must be unique.
- You cannot register a trademark for phrases that contain common terms used in your business or industry.
- Phrases that are regarded as everyday expressions cannot be trademarked (for example: “in fact”).
Some other unique considerations may cause your trademark application to be approved or rejected. For example, computer and software companies like Apple can use the word “apple” in their trademarks. However, companies that sell Apple will not be able to use the word in trademark phrases.
Step 2-Make sure no one else is using the phrase
After narrowing the scope of the phrase to be registered as a trademark, you need to confirm that the phrase has not been used yet.
You can use it for free USPTO Trademark Electronic Search System (TESS).
This process is not necessarily bulletproof. You are responsible for ensuring that the trademark search meets all criteria. There are also several different databases to browse, making you more challenging throughout the process.
Or you can use LegalZoom comprehensive trademark search service To make sure that the phrase is available.
The service has been used for more than 50,000 trademark searches. It only takes about 15 minutes to complete, which helps to ensure that your application does not conflict during application.
LegalZoom provides three different trademark search services to choose from:
- Federal Search-$199
- Federal, state and common law searches-$299
- WorldScan International Search-499 USD
Although this will increase your overall investment cost, it is worth it when you consider how much time and money you will save in the long run. If you do not conduct a comprehensive trademark search, you may end up applying for a trademark that is already in use or that is too similar to the pending application. After six months, you may receive a rejection letter and must start from the beginning.
These services are ideal for those who want to apply for trademark phrases on their own. However, if you plan to use the trademark registration service, you can consider a more valuable option.
LegalZoom’s $599 trademark registration service comes with attorney assistance. The lawyer will research the phrase for you and make sure that it has not been used before submission. If the lawyer thinks your phrase may be problematic, you will get a free trademark search for the second option.
This service also comes with a LegalZoom guarantee. If the application is rejected, they will pay a fee of $599 to register another phrase.
Step 3-Choose the appropriate category and application basis for the trademark
There are 45 different categories or categories covering companies in each industry. Categories 1-34 are used for commodities, and categories 35-45 are designated services.
For example, category 14 covers jewelry, while category 36 is for insurance and financial services.Below is a quick overview of these options United States Patent and Trademark Office:
You need to choose the category that best suits your business, industry, and trademark usage. This is very important when protecting your trademarked phrases.
This trademark only protects you from similar companies. If you can prove that use will negatively affect your business, there are some exceptions.
In addition to the category, you also need to specify an application basis for your application. This is basically why you are trying to obtain protection for the phrase.
All trademarks must have a filing basis. Here is a quick overview of your options and limitations:
- Use in business foundation — You have used this phrase when selling goods or services through interstate commerce. This only applies to real business, which means that selling a product to a friend or family member in your state does not meet the requirements.
- Use intention basis — You have not used the phrase to sell goods or services in interstate commerce, but you plan to do so in the future. In this case, you need to submit a statement of use within six months of approval, along with evidence that the phrase is being used. Alternatively, you can submit a petition to extend the deadline.
- Basis of foreign registration — If the trademark office of another country has approved your phrase, you can apply for a US trademark. This is only feasible if the phrase will be used for the same goods or services as the foreign trademark.
- Basis for foreign application — You have applied for a trademark abroad in the past six months but have not yet registered. This category is often referred to as the “foreign priority basis” because the applicant applies for the priority filing date based on the original foreign application, not the filing date of the U.S. trademark application.
If all this seems a bit too confusing to you, then this is just another reason why you should use the trademark registration service for help. Even LegalZoom’s DIY plan will guide you to solve a series of problems to ensure that your course and application foundation meet the appropriate standards.
Step 4-Consult a lawyer
Trademarks provide legal protection for enterprises. Although technically you can apply on your own, it is always in your best interest to consult a lawyer when you encounter such problems.
Consultation with a lawyer will help ensure that your application is approved when it is first submitted. If someone else uses the trademark phrase, your attorney will also help ensure that it is actually defendable.
A lawyer may steer you away from phrases that are too similar to phrases used by other businesses, which may help you avoid litigation.
LegalZoom’s lawyers assist with trademark registration services and provide you with a 94% chance of obtaining approval. If you do it yourself, this percentage will drop significantly.
Step 5-Submit a trademark application
Finally, it is time to submit an application for the phrase you want to register.you can use it Trademark Electronic Application System (TEAS) From the United States Patent and Trademark Office.
You need to create an account on the USPTO website to continue.
Again, you can do all of this yourself. But we strongly recommend using the service to ask for help. This will help you avoid application errors that may eventually lead to delays and rejections.
The cool part of LegalZoom is that they will complete the paperwork and submit the application on your behalf. This can save you time, money and trouble.
Step 6-wait
No matter how you submit your application, the last step is to wait for the game.
All applications are reviewed by attorneys from the US Patent and Trademark Office. The lawyer will eventually approve the phrase, reject it, or send you a letter requesting more information.
In some cases, additional paperwork will be required. Examples include:
- Reply form
- Intention to use form
- Post-approval and post-admission notice (NOA) amendment table
- Correspondence and Attorney/Domestic Representative Form
- Application form
- Miscellaneous Form
For a complete list and table description, Visit this resource From the United States Patent and Trademark Office.
You may have to wait 6 to 18 months to get a response. So be patient in this process.
Next step
Once your trademark is approved, you have a responsibility to protect it. No police or government agency is actively looking for violations.
You also need to use your trademark phrase to maintain it. If you do not use it within the specified time, the trademark may become invalid and you must start the process from the beginning.
Remember, registering a trademark for a phrase is the first step in a long-term brand strategy.Check out our in-depth guide How to build a brand More information on this topic.
